State v. Smeltzer

Schultheis, A.C.J.

After Larry Smeltzer was convicted for manufacturing a controlled substance and sentenced, the trial court allowed him a weekend furlough before serving his sentence. He failed to turn himself in on Monday and later was arrested on a bench warrant. He appeals his subsequent conviction for first degree escape, arguing he should have been charged under the more specific statute proscribing failure to return from a furlough. We reverse and remand.

On Friday, May 12, 1995, Mr. Smeltzer pleaded guilty to manufacturing marijuana 1 and he was sentenced to an exceptional sentence of…